Are you needing to gain some training in Australia? Perhaps you are need to attain registration, membership or licensing to perform your occupation. Or you are a student and you want to undertake your requisite training for the completion of your course in Australia. Maybe you are a professional wishing to take your skills to the next level.
The Training visa (subclass 407) allows Australian organisations to sponsor individuals to enter into Australia for the purposes of occupational and professional development. Although the process is similar to that of the Temporary Skill Shortage (TSS) visa (subclass 482) and involves a sponsorship, nomination and visa application, the Training 407 visa is not for those who will undertake employment in Australia. In our last article we gave you an overview of the eligibility criteria for the Training 407 visa. One important requirement is that the occupation training meets one of the nomination types.
Read: An introduction to the Training visa (subclass 407)
Nomination types
Nomination type 1: Training in the workplace that is required to obtain registration to be employed in the occupation of the visa applicant
Nomination type 2: A structured workplace training programme to improve the existing skills of the visa applicant in an eligible occupation
Nomination type 3: A training programme that promotes capacity building overseas.
- 3A: Overseas qualification
- 3B: Government support
- 3C: Professional development
Nomination types 1, 2, 3A and 3B are workplace based training. Nomination types 2, 3A and 3B are workplaced based and individually structured training. Learn more about workplace based training and individually structured training in our last article linked above.
Nomination type 1: Occupational training for registration
- Occupational training is necessary for the applicant to obtain registration, membership or licensing for their occupation in Australia or their home country
- Registration, membership or licensing is required for the applicant to be employed in their occupation in Australia or their home country
- Having taken into account the applicant’s prior experience, the duration of the occupational training is necessary for the nominee to obtain registration, membership or licensing for their occupation in Australia or their home country
- The applicant has the appropriate qualifications and experience to undertake the occupational training
- Occupational training is workplace based
This nomination type is not for applicants who are already working in an occupation and are seeking to gain a qualification, such as membership to a professional association. An example of ineligibility would be an accountant who, while working, undertakes study to obtain qualification as a chartered accountant. Applicants seeking to gain a trade certificate/qualification are also not eligible.
The sponsor must provide, as part of the evidence, a letter from the regulatory body in Australia or the applicant’s home country advising that the training is necessary for the nominee to obtain mandatory registration, membership or licensing to work in the occupation.
Duration of the training programme
Registration requirements usually specify the length of training or practical experience that is necessary to obtain the registration. The proposed training programme should match this and the visa would be granted for this length of time.
The Department of Home Affairs (DOHA) will also consider any previous experience that the applicant has. For example, if the applicant requires 12 months of practical experience to obtain registration and has already completed 6 months relevant experience, they would only be approved for 6 months of training.
Appropriate qualifications and experience for the training
A copy of the applicant’s relevant qualifications and curriculum vitae (CV) must be provided. Their qualifications and/or experience should be relevant to the training that they intend to pursue.
Conditional registration for health practitioners
Health practitioners who are treating patients as part of their occupational training are required to have conditional registration from the relevant national, state/territory regulatory body. A letter from the relevant registration authority must be provided advising that the applicant has the required conditional registration. This is in addition to the above criteria.
Nomination type 2: Occupational training to enhance skills
- The occupational training is a structured and workplace-based training programme, is specifically tailored to the training needs of the nominee, and is of a duration that meets the specific needs applicant
- The occupational training is in relation to an occupation on this list (medium term and short term)
- The applicant has relevant experience in the last 24 months
Duration of the training programme
Training needs to be structured to increase the visa applicant’s level of skill. As such the duration and content should take into account the skill gap between the applicant and the required skill level as described under ANZSCO for the occupation.
Eligible occupations
Training must be related to an eligible occupation and that the training programme matches the applicant’s occupation. An applicant may undertake training that involves related units but training must be mainly in the eligible occupation. For example, an applicant whose occupation is a Hotel or Motel Manager [141311] may undertake a training programme that involves some tasks relating to the occupation of a Bar Attendant [431111], however the majority of duties and tasks should be that of a Hotel or Motel Manager.
Relevant experience in the last 24 months
The applicant must be building upon skills which they already have gained and must show that they have relevant experience to the eligible occupation.
- This experience may include employment experience or study experience
- It must be the equivalent of at least 12 months full time experience in the occupation
- Must have occurred in the 24 months before the time of nomination application
Examples of situations of ‘equivalent’ experience could include an applicant having 8 months full time experience and 8 months part time, or having 24 months of part time experience.
A copy of the applicant’s relevant qualifications and curriculum vitae (CV) must be provided. If it is found that the training programme requires requisite skills that the applicant does not yet possess, it is unlikely that the application would be approved.
Nomination type 3A: Occupational training for capacity building overseas (overseas qualification)
- The applicant must complete practical experience, research or observation to obtain a qualification from a foreign educational institution, and
- Occupational training is a structured workplace based training programme specifically tailored to the training needs of the nominee
This nomination type is for students who are currently enrolled in a foreign educational institutions and who are required to complete a period of practical training, research or observation to obtain their qualification.
A letter from the educational provider in the home country advising that the practical experience, research or observation is a requirement for the applicant to complete their course. Training must be under 6 months and the educational information provided applicant’s CV should be consistent with the letter from the educational institute.
Other situations
A student who wishes to undertake training that is not a formal requirement of their tertiary qualification is ineligible for nomination type 3 but may be eligible under type 2 if the training is in an eligible occupation.
Masters or PhD students undertaking research projects with a foreign tertiary institution or research institute as part of their overseas postgraduate qualification; or postgraduate research in their field of expertise should apply for a Temporary Activity visa (subclass 408) – researcher
Read: Temporary Activity visa (subclass 408)
Nomination type 3: Occupational training for capacity building overseas (government support)
- Occupational training is supported by a government agency in Australia or the government in the applicant’s home country
- Occupational training is a structured workplace based training programme specifically tailored to the applicant
- Occupational training has a duration that meets the specific training needs of the nominee
Support by government agency
Support by a government agency in Australia must be provided at the Commonwealth/State/Territory government level. Support by the government in the applicant’s home country, must be provided at a national, provincial, or state/territory level.
A letter of support from the government agency or the government in the home country must be provided and should indicate that the training promotes international capacity building and the reasons why. An example of training under this regulation is training which has been bilaterally agreed at a government level for Australia to provide occupational training for residents of developing countries.
The applicant must submit documents such as their relevant qualifications and curriculum vitae (CV). Similar to other nomination types, the DOHA will consider if qualifications and/or experience of the applicant are related to the identified occupation and assess if the requested duration of stay meets the specific training needs of the nominee.
Nomination type 3 – Occupational training for capacity building overseas (professional development)
- The applicant has an overseas employer and is in a managerial or professional position
- Occupational training is relevant to the development of the managerial or professional skills of the applicant
- Occupational training will provide skills and expertise relevant to the business of the overseas employer of the applicant
- Occupational training will mainly be face to face teaching in a classroom or similar environment
Evidence must be given on the applicant’s relevant qualifications, employment details and position, and how the occupational training programme will provide skills and expertise relevant to the employer’s business and the applicant’s professional development. The applicant should possess the necessary skills and qualifications to benefit from the program.
Managerial or professional position
Generally, occupations listed in ANZSCO Major Groups 1 and 2 are considered to be ‘professional’ or ‘managerial’ occupations. Other managerial or professional occupations may be eligible, even if not listed in ANZSCO Major Groups 1 and 2, provided they are management or professional occupations.
Managers
Tasks performed by managers typically include, but are not limited to:
- Formulating, administering and reviewing the policy and legislation that determine the direction to be taken by their organisation
- Controlling, directing and participating in the activities of that organisation personally or through a hierarchy of managers and supervisors
- Establishing operational and administrative procedures
- Controlling the selection of senior staff and the allocation of resources
It is very important to demonstrate in the evidence that the responsibilities of the applicant are at a managerial level.
Professionals:
Professionals perform analytical, conceptual and creative tasks through the application of theoretical knowledge and experience in the fields of science, engineering, business and information, health, education, social welfare and the arts.
Examples of tasks typically performed by professionals are:
- Conducting and analysing research to extend the body of knowledge in their field
- Developing techniques to apply this knowledge, designing products, physical structures and engineering systems
- Identifying and treating, and advising on, health, social, and personal problems
- Advising clients on legal matters, teaching students in a range of educational institutions or in a private setting
- Developing and coordinating administrative and marketing programmes and
- Communicating ideas through language, communications media and artistic media including the visual and performing arts
Still unsure? Or have you figured out your nomination type but are unsure how best to provide evidence for the criteria of a structured workplace based training programme specifically tailored to the applicant? Are you worried that your prior experience is insufficient, or that your visa will not be granted for the needed duration? Call Australian Immigration Law Services at +61 2 8054 2537 or book online.
